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202100302 <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br />in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the <br />time for payment or modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release <br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to <br />commence proceedings against any Successor in Interest of Borrower or to refuse to extend time <br />for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. <br />Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or <br />remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, <br />any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): <br />(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall <br />obtain all of Borrower's rights and benefits under this Security Instniment. Borrower shall not be <br />released from Borrower's obligations and liability under this Security Instrument unless Lender agrees <br />to such release in writing. The covenants and agreements of this Security Instrument shall bind (except <br />as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation <br />fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge <br />a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender <br />may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted <br />so that the interest or other loan charges collected or to be collected in connection with the Loan <br />exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary <br />to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment <br />charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance <br />of any such refund made by direct payment to Borrower will constitute a waiver of any right of action <br />Borrower might have arising out of such overcharge. <br />1527666 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 <br />Wolters Kluwer Financial Services, Inc. 02/2019 <br />2021011020.3.0.3317J20190326Y Page 11 of16 <br />